The Silent Watch

  Abstract The proliferation of surveillance technologies, including miniature pinhole cameras, has raised significant legal and ethical questions globally. In Kenya, the deployment of such covert devices in personal, corporate, and security contexts is increasing. This paper explores the uses of pinhole cameras in Kenya, the legal framework regulating their use, associated privacy concerns, and the balance between security needs and constitutional rights. 1. Introduction Pinhole cameras, also known as spy cameras or miniature surveillance devices, are small covert cameras designed to capture video discreetly. Due to their inconspicuous nature, these devices are commonly used in private investigations, domestic surveillance, corporate espionage detection, and even criminal activities. In Kenya, the use of such devices is growing rapidly, particularly in urban centers, private homes, and businesses. This paper examines: Legitimate and illegitimate uses of pinhole cameras ...

In Kenya, private investigation services—such as infidelity investigations, skip tracing, and surveillance—are not explicitly banned, but they are heavily regulated through multiple laws , particularly in light of data protection and privacy . Here’s a breakdown of the key legal frameworks that apply: 🔐 1. Data Protection Act, 2019 This is the most relevant law regarding data privacy and governs how personal data is collected, processed, and stored. Key Implications: Consent Requirement : Private investigators must obtain explicit consent before collecting or processing personal data (Sections 25–30). Purpose Limitation : Data can only be collected for a specific, explicit, and lawful purpose . Surveillance & Monitoring : Covert surveillance may violate the data subject’s right to privacy unless it's justified under law (e.g., for national security or legal compliance). Penalties : Violations can result in fines of up to KES 5 million or 1% of annual turnove...